This article provides general information about NSW law, not advice about your matter. Laws and procedures can change. Seek legal advice about your circumstances and check the current official guidance.
Understand the charge before deciding on a plea
Drink driving matters can involve different charges and procedures. Read the police documents and seek advice about the alleged reading, the evidence and the options available in your case.
Preparation for a guilty plea is different from preparation for a defended hearing. Do not decide on a plea just because you want the matter finished quickly. Your lawyer should explain the charge and the possible consequences first.
Check your current licence status
A police suspension, a court disqualification and an appeal are different legal processes. Confirm whether you are currently allowed to drive before getting behind the wheel. Needing a vehicle for work does not authorise driving while suspended or disqualified.
Tell your lawyer about your licence class, driving history and any notice you have received. Licence consequences and possible interlock requirements depend on the offence and your circumstances.
Prepare relevant supporting material
If you intend to plead guilty after receiving advice, discuss what material may help the court understand your circumstances. References should be truthful and prepared with an understanding of the offence. Ask your lawyer about suitable format and content.
- Police papers and any suspension notice.
- Your driving history and relevant previous court outcomes.
- Evidence of employment and caring responsibilities, where relevant.
- Appropriate references and any treatment or program records.
Programs are not a guaranteed result
A Traffic Offender Intervention Program may be appropriate in some cases. Ask about suitability and timing before enrolling. Completing a program or presenting references does not guarantee a particular sentence or that you will keep your licence.
Every matter depends on its facts, the applicable law and the court’s assessment. Early preparation gives you time to address practical questions and obtain the right advice.